Crown Employees (Roads and Maritime Services - School Crossing Supervisors) Award
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
Application by The Australian Workers' Union, New South Wales, Industrial Organisation of Employees.
(No. IRC 591 of 2013)
Before The Honourable Justice Boland, President / 22 August 2013VARIATION
1.Insert the following new definition into clause 1, Definitions of the award published 27 June 2012 (373 I.G. 83):
Domestic Violence - means domestic violence as defined in the Crimes (Domestic and Personal Violence) Act 2007.
2.Delete the clause 3, Parties to the Award and insert in lieu thereof the following:
3. Parties to the Award
The parties to this Award are the Roads and Maritime Services Division of the Government Service of New South Wales, The Australian Workers’ Union and the Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales.
3.Delete subclause (e) of clause 7, Payment of Wages, and insert in lieu thereof the following:
(e)Casuals are paid for actual time worked and all training but are otherwise not paid during school holidays.
4.Delete clause 8, Superannuation and insert in lieu thereof the following:
8. Superannuation
(a)The RMS will contribute a proportion of each SCSs wage as determined by Commonwealth superannuation legislation into a superannuation fund nominated by each SCS. The current proportion is 9.25%, effective from 1 July 2013.
5.Delete paragraph (l) of subclause 11.6, Sick Leave of clause 11, Leave and insert in lieu thereof the following:
(l)If the RMS is concerned about the diagnosis described in the evidence of illness produced, the RMS may, after discussion with the SCS refer the evidence provided and the application for leave to an independent medical practitioner for advice.
(i)The type of leave granted to the SCS will be determined by RMS based on the medical advice received.
(ii)If sick leave is not granted, RMS will, as far as practicable, take into account the wishes of the SCS when determining the type of leave granted.
6.Insert after subclause 11.13, of clause 11, Leave, the following new subclause 11.14:
11.14Leave for Matters Arising from Domestic Violence
(a)Leave entitlements provided for in clause 11.13 Family and Community Service Leave, and 11.6 Sick Leave, may be used by SCSs experiencing Domestic Violence.
(b)Where the leave entitlements referred to in paragraph (a) above are exhausted, RMS shall grant up to five days Special Leave per calendar year to be used for absences from the workplace to attend to matters arising from domestic violence situations.
(c)RMS will need to be satisfied, on reasonable grounds, that Domestic Violence has occurred and leave is required. RMS may require proof presented in the form of an agreed document issued by the Police Force, a Court, a Doctor, a Domestic Violence Support Service or Lawyer.
(d)Personal information concerning Domestic Violence will be kept confidential by RMS.
(e)RMS, where appropriate may facilitate flexible working arrangements subject to operational requirements, including changes to working times and changes to work location, telephone number and email address.
7.Delete the subclause (b) of clause 16, Criminal Record Checks and insert in lieu thereof the following:
(b)Such Offences will include, but will not be limited to, the types of offences that prohibit Employees from working with children under the Child Protection (Working With Children) Act 2012 and the Child Protection (Working With Children) Regulation 2013.
8.Delete clause 19, Grievance Resolution and Dispute Settlement, and insert in lieu thereof the following:
19. Grievance Resolution and Dispute Settlement
(a)Dispute Settlement Procedure
(i)A dispute is a complaint or difficulty which affects one or more Employee(s). It may include a change in working conditions that is perceived to have a negative implication on Employees.
(ii)It is essential that management and the unions consult on all issues of mutual interest and concern, not just issues considered likely to result in a dispute.
(iii)Failure to consult on all issues of mutual interest and concern to management and the unions is contrary to the intention of the following process.
(iv)This disputes procedure outlined at (b) below shall apply to any dispute that arises with respect to the following:
A.matters pertaining to the relationship between the Employer and Employees;
B.matters pertaining to the relationship between the Employer and the union parties to this Award which pertain to the Award; and/or
C.the operation and application of this Award.
(b)Dispute Settlement Process
Step One
In the first instance, any dispute which is local in nature, and which will not impact on other locations, will be dealt with at the local level by the Employee(s) and/or their union representative raising the matter with the Employee’s immediate supervisor. The parties shall make a genuine attempt to resolve the dispute within a reasonable timeframe.
Step Two
If the dispute remains unresolved following Step 1, the Employee(s) and/or their union representative shall refer the matter to the Manager of the work area to which the dispute relates. The parties shall make a genuine attempt to resolve the dispute within a reasonable timeframe.
Step Three
If the Dispute cannot be resolved through the procedure outlined in Steps 1-2, or if the Dispute involves matters other than local issues or matters involving the application/ interpretation of this Award, the Employee or their representative may refer the dispute to the Manager, Workplace Relations (or their representative) to attempt to achieve a resolution between the parties.
Step Four
If following Steps 1 -3 the dispute remains unresolved, any relevant party may refer the matter to the IRC for conciliation in the first instance, and if conciliation does not resolve the Dispute, the matter shall be arbitrated by IRC.
(c)Nothing in this clause prevents the making of an agreement to refer a Dispute to a step other than the next in sequence to accelerate resolution or for some other reason(s), or to agree to refer the dispute to the Commission for urgent resolution.
(d) Whilst this procedure is continuing, no work stoppage or any other form of work limitation shall occur.
(e)The parties acknowledge that where a Dispute involves a matter where genuine, serious and immediate risk is posed to the health and safety of any person, it may not be practical to follow the procedure in this clause in attempting to resolve the dispute; and that an urgent reference to the IRC may be required.
(f)Grievance Procedure
(i)A grievance is a personal concern about work or the work environment for which Employees seek hearing or resolution.
(ii)A grievance may, for example, relate to:
A.allocation of work or development opportunities,
B.a perceived denial of an entitlement, or
C.suspected discrimination or harassment.
(iii)RMS’ grievance resolution policy and guidelines, as amended by RMS from time to time, are to be followed when a grievance arises.
(iv) While the policy, guidelines and procedures are being followed, normal work is to continue.
(g)Dispute relating to WHS issues
(a)The RMS and SCSs are committed to the Work Health and Safety Act 2011 and any other statutory requirements, at all times.
(b)When a WHS risk is identified or a genuine safety factor is the source of a dispute:
A.SCSs have a duty to notify the RMS of the risk to the SCS Work Health and Safety Committee, and;
B.allow the RMS a reasonable amount of time to respond.
C.the RMS has a duty to address the issue identified; and
D.report on the issue within a reasonable timeframe.
(c)If a SCS notifies WorkCover without allowing the RMS a reasonable amount of time to respond to the issue, it is a breach of the legislative provisions.
(d)The RMS respects the rights of all SCSs to refuse to continue working due to a genuine safety issue.
(e)The unions and SCSs acknowledge that the creation of an industrial dispute over a WHS matter that is not legitimate is a breach of the legislative provisions under section 268 of the Work Health and Safety Act 2011.
9.Delete clause 24, Rates of Pay and insert in lieu thereof the following:
24. Rates of Pay
Category / 2.5% / 2.27%Operative from the / Operative from the
Refer to clause 7, Payment of / first full pay period / first full pay period
Wages, for the calculation of rates / on or after / on or after
1 July 2012 / 1 July 2013
($/hr) / ($/hr)
Base Rate (N) / 19.9407 / 20.3934
Permanent SCSs (P) / 18.6944 / 19.1188
Additional hours/training (A) / 21.6024 / 22.0928
Casual SCSs (C) / 23.9288 / 24.4720
10.This variation shall effect from the first full pay period to commence on or after 1 July 2013.
R. P. BOLAND J , President
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Printed by the authority of the Industrial Registrar.
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